The National Planning Policy Framework (NPPF) sets out the government's planning policies for England and how they are expected to be applied, and it must be taken into account in the preparation of local and neighbourhood plans, and it is a material consideration in the determination of planning applications.
Paragraphs 133 to 147 of the NPPF sets out government policy in relation to the green belt. Paragraph 145 states that a local planning authority should regard the construction of new buildings as inappropriate in the green belt unless the development falls within one of the listed exceptions. Paragraph 145 d) allows the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces.
For example, the Planning Inspectorate recently refused planning permission for a replacement chalet because the current chalet was "abandoned". The physical condition was described as poor to the extent that the residential use had been abandoned. Therefore the application failed to satisfy the exception in Paragraph 145d of the NPPF which requires the proposed use to be the same.
For further information on this an other Commercial Property issues contact David Redgate.
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